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As per case facts, the petitioner, proprietor of Seven Seas Global Shipping, was the consignee of an imported juice consignment. During examination, 24 bottles were found to contain heroin (26.115
...kg). The petitioner was arrested, maintaining he believed it was juice and was facilitating the import for a third party (Kulvinder). The consignment was intercepted before reaching his possession. He sought bail, citing lack of conscious possession and prolonged incarceration. The question arose whether the petitioner satisfied the twin conditions of Section 37 of the NDPS Act and if prolonged custody violated Article 21. Finally, the Court found prima facie no evidence of the petitioner's knowledge of contraband and noted his clean antecedents. Considering nearly four years of custody, a nascent trial with 40 witnesses, and further delays due to a co-accused's supplementary chargesheet, the Court concluded that the petitioner satisfies Section 37 and is entitled to bail under Article 21 due to prolonged incarceration.
Bench
Applied Acts & Sections
Section 19
–The Narcotic Drugs and Psychotropic Substances, Act, 1985
Section 21
–The Narcotic Drugs and Psychotropic Substances, Act, 1985
Section 23
–The Narcotic Drugs and Psychotropic Substances, Act, 1985
Section 24
–The Narcotic Drugs and Psychotropic Substances, Act, 1985
Section 27A
–The Narcotic Drugs and Psychotropic Substances, Act, 1985
Section 29
–The Narcotic Drugs and Psychotropic Substances, Act, 1985
Section 37
–The Narcotic Drugs and Psychotropic Substances, Act, 1985
Section 67
–The Narcotic Drugs and Psychotropic Substances, Act, 1985
Legal Notes
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